CHAPTER 5. CITY EXECUTIVE
IC 36-4-5
Chapter 5. City Executive
IC 36-4-5-1
Application of chapter
Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,P.L.44, SEC.41.
IC 36-4-5-2
Mayor; election; eligibility; term of office
Sec. 2. (a) A mayor, who is the city executive, shall be electedunder IC 3-10-6 by the voters of each city.
(b) A person is eligible to be a city executive only if the personmeets the qualifications prescribed by IC 3-8-1-26.
(c) Residency in territory that is annexed by the city before theelection is considered residency for the purposes of subsection (b),even if the annexation takes effect less than one (1) year before theelection.
(d) The city executive must reside within the city as provided inArticle 6, Section 6 of the Constitution of the State of Indiana. Theexecutive forfeits office if the executive ceases to be a resident of thecity.
(e) The term of office of a city executive is four (4) years,beginning at noon on January 1 after election and continuing until asuccessor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986,SEC.48; P.L.3-1987, SEC.556.
IC 36-4-5-3
Powers and duties
Sec. 3. The executive shall:
(1) enforce the ordinances of the city and the statutes of thestate;
(2) provide a statement of the finances and general condition ofthe city to the city legislative body at least once a year;
(3) provide any information regarding city affairs that thelegislative body requests;
(4) recommend, in writing, to the legislative body actions thatthe executive considers proper;
(5) call special meetings of the legislative body when necessary;
(6) supervise subordinate officers;
(7) insure efficient government of the city;
(8) fill vacancies in city offices when required by IC 3-13-8;
(9) sign all bonds, deeds, and contracts of the city and alllicenses issued by the city; and
(10) approve or veto ordinances, orders, and resolutions of thelegislative body under IC 36-4-6-15.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986,SEC.49.
IC 36-4-5-4
Appointments
Sec. 4. The executive shall make the appointments prescribed byIC 36-4-9 and IC 36-4-11-2.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-5-5
Power to hear complaints against person issued license;proceedings; findings and determination; violation, revocation, orsuspension
Sec. 5. On reasonable notice of at least three (3) days to theperson complained of, the executive shall hear any complaint againsta person to whom the city has issued a license, and may issuesubpoenas to compel the attendance of witnesses, administer oathsto those witnesses, and require them to testify. To the extent they canbe applied, the Indiana rules of procedure, including the right toappear by counsel and to compel the attendance of witnesses for oragainst persons complained of, apply to proceedings under thissection. If the executive finds that the person complained of haswilfully violated a term or condition of his license, or has wilfullydone or permitted to be done an act in violation of a statute or cityordinance relating to the business licensed, the executive shall revokeor suspend the license. He shall file a copy of his findings anddetermination with the city fiscal officer within twenty-four (24)hours after it is made.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-5-6
Meetings with officers in charge of city departments; record
Sec. 6. At least once a month, the executive shall meet with theofficers in charge of the city departments:
(1) for consultation on the affairs of the city;
(2) to adopt rules and regulations for the administration of theaffairs of city departments; and
(3) to adopt rules and regulations prescribing a merit system forselecting, appointing, or promoting city officers and employees.
A record of meetings under this section shall be kept.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-5-7
Appointment of persons to examine or investigate city accountsand property
Sec. 7. The executive may appoint three (3) competent persons toexamine, without notice, the city accounts and property in thepossession or custody of a city department, officer, or employee, andto report the results of their investigation.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-5-8
Absence or inability of executive; designation and service of acting
executive
Sec. 8. (a) Whenever the executive is absent or going to be absentfrom the city, ill, or injured, he may designate:
(1) the deputy mayor, if that position has been established underIC 36-4-9-7; or
(2) a member of the city legislative body;
as acting executive, with all the powers of the office. The executivemay exercise this power for a maximum of fifteen (15) days in anysixty (60) day period.
(b) A designation under subsection (a) shall be certified to thepresident or president pro tempore and clerk of the city legislativebody. In addition, when the executive resumes his duties, he shallcertify to those officers the expiration of the designation.
(c) Whenever the president or president pro tempore of the citylegislative body files with the circuit court of the county in which thecity is located a written statement suggesting that the executive isunable to discharge the powers and duties of his office, the circuitcourt shall convene within forty-eight (48) hours to decide thatquestion. After that, when the executive files with the circuit courthis written declaration that no inability exists, the circuit court shallconvene within forty-eight (48) hours to decide whether that is thecase. Upon a decision that no inability exists, the executive shallresume the powers and duties of his office.
(d) If the circuit court decides under subsection (c) that theexecutive is unable to discharge the powers and duties of his office,then:
(1) the deputy mayor, if that position has been established underIC 36-4-9-7; or
(2) the president of the legislative body in a second class city,or the president pro tempore of the legislative body in a thirdclass city, if there is no deputy mayor;
shall serve as acting executive, with all the powers of the office. Aperson may serve as acting executive for a maximum of six (6)months under this subsection. The city legislative body mayappropriate funds to compensate a person acting as executive undersubsection (d).
As added by P.L.349-1983, SEC.1.
IC 36-4-5-9
Vacancy in office of executive
Sec. 9. (a) The office of executive becomes vacant whenever theexecutive:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the city;
(3) is convicted of a felony, as provided in IC 5-8-1-38; or
(4) is unable to discharge the powers and duties of his office formore than six (6) months.
(b) The vacancy shall be filled under IC 3-13-8.
As added by P.L.349-1983, SEC.2. Amended by P.L.5-1986, SEC.50;P.L.37-2008, SEC.3.